Wait v. Pierce

On motion for rehearing.

Rosenberry, J.

The attention of the court is called to the fact that the opinion did not dispose of the second contention made by the responden^ in support of the order appealed from, which is that even' if it be held as it now is held that a wife may maintain an action against her husband for a tort, nevertheless the copartners cannot, by way of cross-complaint, maintain an action against G. E. Wait, the husband of the plaintiff, for contribution because such right does not come into existence until one of two obligors has discharged more than his equitable share of…